http://sports.espn.go.com/mlb/news/story?id=3100957
I know this was almost 1 year ago, but I was studying for the final exam tonight and ran across in our notes that "the operator of a message board is not considered the publisher of the defamatory statement, so long as it makes an effort to discourage and remove such posts". This note refers specifically to internet message boards...but it reminded me of when the St. Louis Cardinals were sued for allowing an untrue text message to appear on their messaging board in Busch Stadium. I believe this is also a publication/broadcast so they could be sued for libel.
There is actually a person's who's job it is to go through and double check all those messages before they're posted...she must have missed that one I guess. Anyway, as a private person, the girl being harmed would not have to prove "actual malice" just "negligance" to sue for libel. I think they settled out of court...which I'd bet was just a PR decision. I doubt they would have won the case in court.
Happy studying!
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